The Local Government Act 1988 (Defined Activities) (Housing Management and Security Work) (Exemptions) (England) Order 1997

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (competition), work falling within certain defined activities may be carried out by local authorities only if particular conditions are fulfilled.

Article 2 exempts from the requirements of Part I housing management by defined authorities in England so long as the number of houses provided by the authority under Part II of the Housing Act 1985 (excluding hostels and also flats in relation to which the right to buy has been exercised) is not more than a specified number. Different provisions are made in respect of the year beginning with 1st August 1998 and subsequent years.

Article 3 amends the Local Government Act 1988 (Security Work) (Exemption) (England) Order 1995 to replace the second condition of the exemption from the defined activity of security work provided for by that order. The new second condition is that the work is carried out by a defined authority in England through an employee, at least 80 per cent. of whose working time is occupied carrying out security work at a controlled place (defined in article 2(2) of the 1995 Order).

The exemption for the defined activity of housing management provided for by S.I. 1988/1372, as amended by S.I. 1994/2296, (the conditions for which are concerned with the estimated gross cost of the defined activity for the financial year immediately preceding the one in question) is revoked by article 4.